The applicant sought judicial review of a decision by the Provincial Schools Admission Committee denying her admission to a provincial school for the deaf.
The applicant, who has a developmental brain malformation and severe language delays, communicates primarily using American Sign Language.
The Committee denied admission based on audiological reports showing normal peripheral hearing, concluding she did not have an auditory handicap.
The Divisional Court allowed the application for judicial review, finding the Committee breached procedural fairness by excluding relevant documents and hearing from a Ministry witness without the applicant's knowledge.
The Court also found the Committee failed to properly consider all medical evidence regarding the applicant's central auditory processing disorder.
The decision was set aside and remitted to a newly constituted committee.
